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May 1, 2013
05/13
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two days 48 hours in which they can question him without miranda. it looks like that was aborted by a few hours on sunday when an assistant u.s. attorney and a judge arrived at the hospital while fbi agents were there and mirandized dzhokhar. >> so here is the rule. the rule, bill, is if you are arrested without a warrant as he was. he was arrested in a boat. >> bill: right. >> no arrest warrant issued. if you are arrested without a warrant, you need to be presented before a judge who will read you your miranda rights within 48 hours. here is what the government should have done. what they should have done is arrested him without a warrant in the boat, taken him to the hospital and given him the necessary medical treatment. drafted a criminal complaint, charging him with the terrorism crimes that he deserves to be charged with. then, ask a judge to issue an arrest warrant. in other words, rearrest him in the hospital. at that point, the 48 hour clock present him in court that's the 48 hours. >> they could have bought themselves more time. >> absolut
two days 48 hours in which they can question him without miranda. it looks like that was aborted by a few hours on sunday when an assistant u.s. attorney and a judge arrived at the hospital while fbi agents were there and mirandized dzhokhar. >> so here is the rule. the rule, bill, is if you are arrested without a warrant as he was. he was arrested in a boat. >> bill: right. >> no arrest warrant issued. if you are arrested without a warrant, you need to be presented before a...
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Apr 26, 2013
04/13
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of time public issue terrorism where did you get the bomb, anybody help you readed subject dzhokhar miranda warning and he slammed up. >> he was providing valuable information and then as soon as he was read his rights, he stopped this is what the fbi said. >> that's what the fbi said. >> bill: there is a fight between the fbi and justice department who is the fbi's boss? >> all we know for sure right now is that the assistant u.s. attorney on the case filed a criminal complaint on sunday and they went in and mirandized him on monday. >> bill: which will had to be under the order of holder i talked to the former attorney general of the united states michael mukasey on my program and asked him if there is any way this happens without eric holder. >> no way. you don't have some rogue usa assistant u.s. attorney. they were not pleased. 16 hours into the interrogation which they believed they had 48 hours. here is the bottom line, people who analyze this stuff for a living former assistant u. >> s attorney. this was about eric holder, the doj wanting to shut down the debate that was emerging in
of time public issue terrorism where did you get the bomb, anybody help you readed subject dzhokhar miranda warning and he slammed up. >> he was providing valuable information and then as soon as he was read his rights, he stopped this is what the fbi said. >> that's what the fbi said. >> bill: there is a fight between the fbi and justice department who is the fbi's boss? >> all we know for sure right now is that the assistant u.s. attorney on the case filed a criminal...
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Apr 23, 2013
04/13
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so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to justice, and also get the information that may be important to prevent future attacks and also provide answers that may help bring closure to the victims and the families of the victims. you know, there are some challenges, of course, with respect to the designation of enemy combatant. people forget that once that happens, dealing with an american citizen and what he will do is file habeas petition challenging that designation, raising again this question does the president on his own authority can he designate an american citizen enemy combatant which was an issue that came up with al awlaki. wh
so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to...
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Apr 20, 2013
04/13
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he's now arrested he was not read his miranda rights. federal agents electing, instead, to invoke the public safety threat exemption. th allows them to continue questioning him. meantime, on the other side of the police tape, as everything was happening here, of the celebrations were building. people were huddled around radios, as they got news they wanted to hear, cheers went out from the people of this little town, watertown. and after it was all done, a great cheer went out and spontaneously the people elected toine both sides of the road. forming a gauntlet, a makeshift parade as the emergency crews and tactical teams started leaving this location. they cheered for them, came out with patriotic songs. some of the people said they're glad it's over, they're glad that the suspect survived because he can be questioned. they also said that now is the time to remember people like sean collier, the massachusetts institute of technology campus policeman who was killed in the early stages of that frenzy and chase that ensued a day or so ago.
he's now arrested he was not read his miranda rights. federal agents electing, instead, to invoke the public safety threat exemption. th allows them to continue questioning him. meantime, on the other side of the police tape, as everything was happening here, of the celebrations were building. people were huddled around radios, as they got news they wanted to hear, cheers went out from the people of this little town, watertown. and after it was all done, a great cheer went out and spontaneously...
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May 2, 2013
05/13
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. >> if i'm the feds i don't want to miranda her up. that changes the whole. she says nothing. we don't know what she is saying and what she is not saying. how forthcoming she is and how forthcoming she is not. if i'm the fbi as soon as we miranda her and we say we think you were involved and knew more than you are saying, she is not going to say another word. i understand why the investigators. i would do the same thing if i were them. rival newspaper the boston herald broke a pretty good story yesterday with the 100,000 plus in welfare payments, commonwealth made to this tsarnaev family. what's been the reaction to that? >> well, i mean, i think that we're still pretty wounded in the town. i think there are some people that are hopped up about the welfare thing. i want to know more about it before i get hoched up. if you are a legal resident resident in this country which they were, we're talking about the tsarnaev family, they were legal residents there. so they were entitled to those services or whatever you call transitional assistance which is a euphemism for welfare. >>
. >> if i'm the feds i don't want to miranda her up. that changes the whole. she says nothing. we don't know what she is saying and what she is not saying. how forthcoming she is and how forthcoming she is not. if i'm the fbi as soon as we miranda her and we say we think you were involved and knew more than you are saying, she is not going to say another word. i understand why the investigators. i would do the same thing if i were them. rival newspaper the boston herald broke a pretty...